Don’t Throw the Class Waiver Baby Out With the Arbitration Agreement Bathwater

Sound advice that the world has lived with since 1512…until recently flushed by the Ninth Circuit. Not so quick to discard 500 years of wisdom, however, the Supreme Court has agreed to consider whether this idiom will rest in peace or be given new life. It recently accepted review of Zaborowski v. Managed Health Network Inc., in which the Ninth Circuit refused to compel arbitration of a putative class and collective action alleging that the defendant avoided paying overtime by improperly classifying counselors as independent contractors.

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